Procedures and Appeals in the Criminal Courts Flashcards
Which 3 cases do magistrates deal with?
- Summary Offences - less serious
- Either-way Offences - theft, handling stolen goods
- Indictable Offences - murder, manslaughter, rape
Facts about summary trials
- least serious criminal offences.
- fines range from £200 - £5000.
- no limit for breaches of environmental or health + safety regulations.
- maximum prison sentence = 6 months
What happens at triable either-way offences?
Once defendant has entered plea, magistrates decide:
- if they can impose sentence. If they believe sentence should be higher in a guilty plea, sent to Crown Court for sentencing.
- if they think their court is suitable for the nature of the offence, if not = referred to Crown Court
What happens at Crown Court?
Indictable offences are referred here from Magistrates. If it’s a guilty plea = heard by judge alone. If ‘not guilty’ = jury is used.
How is pre trial schedule set out?
- The indictment (charge) is formally set out
- Prosecution and defence disclose any evidence they propose to use at the trial. Focus on evidence that could undermine the prosecution.
- Defence gives written statement to prosecution.
- Plea and Trial Preparation hearing (PTPH) identifies issues and sets timetable. Decides if Further Case Management Hearing (FCMH) will occur.
The Trial - Step by Step (not guilty plea)
- Jury is sworn in to try the case.
- Prosecution makes opening speech to jury to explain what the case is about + what they intend to prove.
- Prosecution witnesses give evidence and can be cross-examined by defence.
- Defence may submit there is no case to go to jury; if judge agrees, he’ll direct jury to acquit (free) defendant.
- Defence makes opening speech if they intend to call other evidence.
- Defence witnesses give evidence + cross examined by prosecution.
- Prosecutor makes closing speech to jury + points out strengths of prosecution case.
- Defence makes closing speech to jury + points out weaknesses of prosecution.
- Judge sums up case to jury and directs them on any relevant law.
- Jury retires to consider their verdict in private.
- Jurys’s verdict is given in open court.
- Guilty verdict = judge sentences accused. Not guilty verdict = accused is discharged. (once a defendant is found guilty, can’t be tried for that offence again).
What is the role of the youth court?
For young offenders aged 11-17 (under 10s can’t be charged with criminal offence).
It is less formal and only those involved in the case are let in, parents/guardian must attend.
The magistrates have special training, must be at least 1 female and 1 magistrate on the bench.
Appeals from Magistrates Court
- Goes to Crown Court
- Case is reheard by judge and 2 magistrates (no jury).
- Case stated appeals: where defence believes original trial made a mistake about the law.
- Heard by 2 high court judges.
- Appeals to Supreme Court can be allowed if Divisional Court feels a point of law of public importance is involved or permission is granted.
What is the appeals route?
Supreme Court
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Queens Bench Divisional Court
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| Crown Court
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Trial at Magistrates Court
What are the grounds for appeals to be granted?
a) Possibility that conviction was unsafe.
b) You could dismiss such an appeal in any other case.
c) Any new evidence must be credible and believable.
What can the court do regarding appeals?
- Allow appeal and quash conviction.
- Vary the sentence (only reduce, not increase).
- Order a retrial.
Appeals by prosecution
- Against a judges ruling
- Against acquittal
- Referring a point of law
- Against sentence
What is double jeopardy?
When a person cannot be tried again for the same offence if previously found ‘not guilty’ by a jury.
Rules about double jeopardy
If there’s new evidence, then the defendant can be retried.
If the jury can’t reach a verdict, there can be a second trial.
